Marital property purchased during the marriage is jointly owned by the couple. In cases where some couples have been living apart for a long time and have a lack of communication, one party may privately rent out the house without the consent of the spouse and collect the rent alone. When it comes to negotiating the division of property during a divorce, the two parties often have a major disagreement over the distribution of the accumulated rent over the years. The party renting out the property often believes that they are responsible for viewing the property, making repairs, and dealing with tenants, and that the rent should be theirs. This view does not comply with the law. Unless there is a special written agreement during the marriage, the rent from the house belongs to the joint operating income of the couple, and both parties have the right to jointly divide it.

 

  According to the provisions of the Civil Code, during the marriage, the operating income generated from the joint property of the couple is included in the joint property of the couple. The jointly owned property itself is jointly owned by both parties. Renting out the property and collecting rent is an operating behavior that relies on joint assets to obtain income, and the rent naturally has the attribute of joint ownership, which will not change the ownership due to the fact that only one party manages the rental matters. Even if the other party does not participate in the entire process of renting, collecting rent, and repairing the house, they still have the right to joint rent. Managing the house alone cannot be a legitimate basis for exclusively occupying all the rent.

  When the court handles the division of rent, it will not simply divide it evenly in half. It will first deduct the reasonable costs generated by the rental and then distribute the net income. Actual expenses such as property fees, house repair fees, brokerage service fees, and house vacancy losses are deducted first from the total rent; the party renting out the property has been independently responsible for house management and tenant communication for a long time, investing a lot of time and energy, and the judge will moderately tilt the distribution of the remaining income, giving labor compensation, balancing the actual efforts and the principle of property joint ownership.

  There are two types of exceptions. If the couple signs a marital property agreement, clearly stating that the property belongs to one party, and the corresponding rent belongs to the individual owner; or if there is a written agreement that the house is jointly owned, but the rent income is separately attributed to one party, both agreements have legal validity, and the other party has no right to claim a share of the rent. Additionally, the unilateral act of renting out the property does not directly result in the invalidation of the lease agreement, but the act of concealing or transferring large amounts of rent will be deemed as transferring the joint property of the couple. When dividing the remaining assets during the divorce, the court may give the renting party a smaller share of the property.

  It is recommended that couples negotiate and handle the rental of jointly owned houses, keep a complete record of rent receipts and expenses, and reduce subsequent reconciliation conflicts. If one party collects rent privately and refuses to distribute it, the other party can compile evidence such as the rental contract and receipt records and claim the division of all undistributed rent in the divorce lawsuit.

  Jointly owned property carries the joint investment of both parties, and the derived rent is inherently joint income. Labor for managing the house can be compensated appropriately, but it cannot exclusively occupy the rent. Clarifying the property attributes of the rent is necessary to achieve a fair and just judgment result in the division of marital property.